Jim and Sharon Girvan will defend in court tomorrow, Oct. 3, their efforts to establish a natural floodplain meadow on a portion of their North Branch property. The township zoning officer fined the couple $100 and ordered them to mow what he views as 'obnoxious growth.' Photo by Warren Cooper.

BRANCHBURG — The dispute over a portion of lawn considered a natural meadow by a North Branch couple and “obnoxious growth” by the township zoning officer returns to municipal court tomorrow, Oct. 3, at 7 p.m. in the Municipal Building on Route 202.

Jim and Sharon Girvan are fighting a $100 fine for refusing to mow what the zoning officer deemed "obnoxious growth." The Girvans say they’re trying to establish a natural meadow on a flood-prone portion of their lawn. They have planted native species in an area that has a history of staying wet when the creek behind their home overruns its banks.

Neighbors Debbie and Nicholas Pigna look from their back deck across the fence that divides their yard from the Girvans and just see overgrown weeds and neglect. Zoning Officer Tom Leach agreed with the Pignas and cited the Girvans. When they refused to mow, Leach issued a $100 fine and ordered them to do so.

On Sept. 12, Judge William Kelleher delayed hearing the Girvans’ defense because their attorney, Daniel Somer of Morristown, failed to share with the municipal prosecutor a planned witness' likely testimony, as is required. Instead, Kelleher allowed the prosecutor to present his case and delayed the defendants' appearance until tomorrow, Oct. 3, after their attorney complies with the rules of discovery.

“Now it’s our turn,” Somer said today, Oct. 2, adding that he intends to make the most of it.

Somer has said that Kelleher should throw out the case because the law is vague. In addition, he intends to call expert witness Emil Devito of the New Jersey Conservation Foundation to testify that state and federal agencies are attempting to promote wildlife around the state by doing exactly what the Girvans have done.

As an example, Devito said on Sept. 12, bluebirds, the New Jersey state bird, “used to be rare, now they’re common again because of efforts like these.”